R. Discip. Brd. 33

As amended through June 28, 2024
Rule 33 - RETENTION OF RECORDS
(a)General Rule. The ODC shall maintain permanent electronic or paper data records of all RSCH 2 matters. The ODC shall maintain the Board's records as set forth in (d) below.
(b)Formal Disciplinary Proceeding. When a Formal Disciplinary Proceeding or other RSCH 2 proceeding has reached final adjudication, the file shall be deposited with the ODC as a permanent record, except that exhibits to a Formal Disciplinary Proceeding may be destroyed after the matter has been closed for six years. RSCH 2.14 resignations are excluded.
(c)Other Proceedings. In all other matters, the files shall include at a minimum:
(i) Counsel's summation of the file prepared pursuant to DBR 16 (or the Grievance and relevant papers if the matter was dismissed without docketing), Counsel's recommendation, the order of the Reviewing Board Member, and Counsel's correspondence informing the Complainant and the Respondent of the disposition of the matter. The files in matters concluded by screening, pending, dismissal, and dismissal with caution shall be destroyed after the matter has been closed six years. All files of deceased Attorneys may also be destroyed, except files of a Formal Disciplinary Proceeding.
(ii) If a Private Informal Admonition was imposed, Counsel's summation of the file prepared pursuant to DBR 16, the statement of the basis for the Private Informal Admonition prepared pursuant to DBR 25, the certified or registered mail or service records evidencing imposition of the Private Informal Admonition, and Counsel's correspondence informing the Complainant of the disposition of the matter as a permanent record.
(d)Board administrative documents include financial records, contract and lease documents, and general correspondence.
(i) Financial records include checks, disbursements, deposit slips, and daily items.

These records may be destroyed by ODC after six years. However, Board accounting books, records, and annual financial records are to be kept indefinitely.

(ii) Contracts, leases, and documents of a similar nature may be destroyed by ODC six years following the expiration of the contract.
(iii) General correspondence may be destroyed by ODC after three years.

R. Discip. Brd. 33